Tisha B'av that falls on Shabbos or Sunday

Question:

What are some of the halachos when the Ninth of Av falls on Shabbos?

Discussion:

We know that when the Ninth of Av falls on Shabbos (as it does this year) we observe the fast on Sunday. There are some differences that come about because of this. I hope to explain some of them.

Shabbos:

Even though we do not mourn on Shabbos one should not take a pleasure stroll on this Shabbos (Berkei Yosef 653:2). The rest of Shabbos can be conducted like any other Shabbos. One may serve any food and drink any wine that he would like as well as sing zimeros – even if he normally does not sing (Iggros Moshe O.C. 4:112:1).  

Seudas Shleshis:

The normal seuda hamafsekes is not served. A regular meal may be eaten and one may even eat more than normal so as to have strength for the fast. Although one may bentch after sunset, one must stop eating food and drink at sunset (M.B. 652:23). Some poskim permit taking a pill on Shabbos so that it is easier to fast on Sunday (Shar Hatziyun 653:7).

Havdalah:

The procedure for making Havdalah is different on Tisha B’Av. On Saturday night only the bracha on fire is made. Women should hear the bracha from a man, if this is not possible a rav should be consulted. Men say havdalah in davening and women should be instructed to say “Baruch hamavdil bein kodesh l’chol” before doing any melacha. On Sunday night when the fast is over the bracha of Havdalah is said with the bracha on wine. The Bracha on the spices is not said at all and the bracha on the fire is not repeated.

Mourning the Churban:

We mentioned that on Shabbos we do not show signs of mourning, therefore, one may (and should) wear his regular Shabbos shoes and Shabbos clothing until Shabbos is over. Similarly one may sit on a regular chair. However, the other Enuyim (afflictions) apply from sunset.

Preparing For After the Fast:

One may not bring a Kinnos to shul on Shabbos for use afterword. Likewise, shoes that one intends to wear on Tisha B’Av may not be brought on Shabbos. One must remember to bring them on Friday. Some shuls purposely wait to daven maariv so that people have time to go home and bring their paraphernalia.  

Laws of Mattanos L'Evyonim

Question:

What are some halachos of Mattanos L’Evyonim?

Discussion:

Note: Many of these halachos come from the sefer Kovetz Halachos al Purim unless otherwise noted.

The minimum amount of money one must give is one dollar to each poor person (Kovetz Halachos al Purim). Some say that one should give enough money to purchase a small meal (e.g. a bagel and a coffee).

One can fulfill this mitzvah by giving a check- providing that there is a way to get cash for it (someone will cash it for him, the bank is open or a store will accept it etc. – Halichos Shlomo 19:23).

Women are obligated in this mitzvah. A married woman may fulfill her obligation with her husband’s donation (Aruch Hashulchan 694:2 see also 695:18). Some poskim say that a married woman should give her own Mattanos L’Evyonim.  A son that is supported by his father is obligated in this mitzvah as well. However, the 

father may pay for it using his own funds.

One is not obligated to train his children in this mitzvah.

There is a dispute as to whether one should give a large donation to two poor people, thereby giving them a lot of simcha, or giving many people a smaller amount. The Bach (§675) says it is better to give less to more people. Rav Elyashiv shlita is quoted as saying one should give a large amount to less people.

Money which is already designated for tzeddakah may not be used for Mattanos L’Evyonim. Similarly one cannot use maser money.

Money may be given to a tzeddakah collector before Purim providing that he will distribute the money on Purim itself.

The Halacha of “we give to any one that asks for tzeddakah on Purim” only applies to individual people. This does not apply to people collecting for institutions.

Can I shovel snow on Shabbos

Question:

Can I shovel snow on Shabbos? Can I spread salt on my walkway on Shabbos?

Note: we are assuming that the snow is in a place where people may slip on it.

Discussion:

If the snow is still soft (i.e. it is fresh and has not frozen over) one would be permitted to clear a path. However, if the snow has hardened it may be prohibited because it is a form of Boneh (building). Some poskim do not make this distinction between soft snow and hard snow (Orchos Shabbos vol. 2 pg. 94). If the snow is on a dirt path one should not shovel it because he will certainly come to being Mashveh Gumos – leveling the ground (Sefer 39 Melachos pg. 1098). Some poskim are of the opinion that one may not shovel  snow under any circumstances because it is Tircha – strain (Lev Avraham siman 49).

Normally, it is prohibited to add a layer of material to the ground as this is a form of Boneh. However, one is permitted to spread salt over an icy patch because the salt will dissolve and is therefore only temporary. Never-the-less this would still be prohibited under rabbinic law, but in this case where the purpose is to prevent harm it is permitted. One would even be permitted to spread a salt substitute over the ice patch even though those items are normally muktzah (Rema 308:6).

Spreading sand is somewhat more questionable because it is more permanent then salt. Some poskim permit it based on the idea that even the sand is not permanent because the rain will wash it away or it will get swept away when the weather gets warmer (Shmeras Shabbos Khilchasa 25:9). However, this would only be true if the sand was spread on a concrete walkway.

According to some poskim breaking up ice with a shovel would be prohibited because of Sterrah (destroying). However, if there is a danger that people may slip and hurt themselves it may be permitted even according to these poskim, one should consult with his rav. Everyone would agree that spreading salt is permitted.

Summary:

Some poskim say that one can shovel snow on Shabbos if it is in a place that people may slip on it. Other poskim are of the opinion that soft snow may be shoveled but snow that has hardened may not be cleared away. A third opinion is that one may not shovel snow in any circumstance. One should ask his rav what to do.

One is permitted to spread salt or a salt substitute on a patch of ice on Shabbos. Breaking up ice with a shovel is more problematic, but if it is in a place that may cause someone to slip it may be permitted. In this situation a rav should be consulted. Spreading sand is also more problematic then salt, again, a rav should be consulted. 

Amera L'Akum Part II

Question:

What is the proper way to hint to a gentile?

Discussion

We mentioned two weeks ago that one is not permitted to ask a gentile to do an act for the benefit of a Jew that is not permitted for the Jew to do himself. However, we said that under certain conditions hinting may be permitted. We will now examine this in further detail.

There are three forms of hinting; hinting in the form of a command, hinting with gestures, hinting that is not in the form of a command. One may not hint in the form of a command. Therefore, one may not say “I can not do such and such an act”. Nor may one say “please help me out…” Both these ways of asking the gentile to do something is in the form of a command. One may not make a request to do a melacha nor mention the melacha required.

One may not gesture or sign in some way to the gentile to do a melacha even if he does not say a word. For example one may not point to the light switch and make a flicking motion with his hand to get the gentile to turn on the light (Chaya Adam 62:2).

One is only permitted to hint in a non-command fashion. This means he must hint without asking for the gentile to do an action nor mentioning the melacha. Additionally one can only use a hint when he is permitted to benefit from the act (see Parshas Bo).  An example of a permitted hint is “the light in the bedroom is on and I won’t be able to sleep”. Neither the melacha nor a request for help was mentioned.

If the gentile responds “would you like me to do such and such” you can not say “yes”. This is because it is as if you are saying do such and such. The only permitted thing to say is “I can’t tell you what to do” or repeat the original statement.

Summary:

One may only hint to a gentile in a non-command fashion. This means that he must hint without mentioning the melacha or asking the gentile to do an act. Any other type of hinting is prohibited. Additionally, one may only hint in a situation where the Jew can benefit from the act (see Parshas Bo).

Amera L'Akum

Question:

Can I tell a gentile to do a Melacha for me on Shabbos?

Part I

Discussion:

A Jew may not benefit from a Melacha which a gentile does on behalf of a Jew. This includes a Melacha the gentile did whether he was asked to do it for the Jew, was hinted to do it, or did it on his own initiative. If it was done for your benefit you may not derive benefit from it (we will see that in certain situations one may hint to a gentile to perform a Melacha. However, there are many details as to when and how that is permitted).

If the benefit is an indirect outcome of the Melacha it would not be prohibited. For example, if one wishes to sleep in a room where the light was left on and the gentile turns off the light there would be no problem sleeping there. However, one is still not permitted to instruct the gentile to turn off the light. We will discuss in a future week how one may hint to a gentile (Magen Avrohom 332:27).

If the benefit is a direct outcome of the Melacha then one is prohibited from using that benefit. For example, if the room is completely dark and one wishes to read he may not ask or hint to a gentile to turn on the light. If the gentile turns the light on for the Jew without being asked one still would not be permitted to use the room. However, If the gentile turns on the light for himself, the room may be used(Shmeras Shabbos Khilchasa 30:36). In this situation, one ma request that the light be left on even after the gentile is finished with the room. The reason for this is there is not additional melacha done by not turning the light off (Shmeras Shabbos Khilchasa pg.411 note 172).

Note: The laws of Amera L’Akum are very complicated and a slight variation in the scenario can change the Halacha. One should be very thorough when asking a rav in these matters.

Shabbos Candles

Question:

Where is the proper place to light Shabbos Candles?

Discussion:

The best place to light Shabbos Candles is on or near the table where one will be eating the Shabbos meal (Rema 263:10; M.B. 45). If this is not possible then the candles should be lit in a place where someone will benefit from their light (M.B. 48). This becomes an issue on Succos since some may not feel comfortable lighting in their succah. In such a situation one should make sure to light them as above.

Even though the best place to light Shabbos Candles is at the table, there is a hiddur mitzvah to have lights on in any room that will be used over Shabbos. If one does not want to have a light on in his bedroom then a hall light should be left on.

Question:

I am eating out for the Friday night meal, what is the proper procedure for lighting the Shabbos Candles?

Discussion:  

The proper place to light the Shabbos Candles in this situation is where you are sleeping (assuming the hostess is lighting candles at the meal). However, the one lighting must derive some benefit from the candles. Therefore, she should daven by the light of the candles before she leaves to the meal. Another option is to make sure the candles will still be burning when you come back home. Again, one should do something by the light of the candles i.e. eat something (Mishneh Halachos 5:41; Rav Moshe Feinstein).

If a person is staying at someone’s house for the entire Shabbos then technically they can fulfill their obligation with the hostess. However, the accepted custom is for the wife to light as well.